RINO Rick is playing coy with his impending school safety proposal, refusing to say whether Extreme Risk Protection Orders – now rebranded as ‘red flag laws’ – will be part of it. U.S. Representative Debbie Dingell has no such qualms. The Wicked Witch of West Bloomfield announced yesterday that she intends to introduce federal Extreme Risk Protection Order legislation based upon Indiana Code Title 35, Article 47, Chapter 14 (IC 35-47-14). She claimed on Fox News Live that West Michigan Congressman Fred Upton, a Republican, will be a co sponsor.
Indiana Code 35-47-14 establishes procedures for law enforcement to seize privately held firearms from individuals deemed ‘dangerous’. An Indiana law enforcement officer can petition a circuit or superior court for a warrant to “search for and seize a firearm in the possession of an individual who is dangerous”. Or the Indiana law enforcement officer can just go ahead and both search for and seize firearms in the possession of any individual; then at his leisure submit a written statement to the circuit or superior court with jurisdiction, declaring the individual to be dangerous ex post facto.
An Indiana law enforcement officer can declare the individual to be dangerous on his own accord, or rely on the declaration of a third party informer. The law enforcement officers and informants are not required to prove any qualifications in court. The law enforcement officer and the informants are unchallenged. Their assertions alone transform an otherwise legal activity – private firearms possession – into a crime.
Indiana Code 35-47-14 claims that this is legally sufficient probable cause, but is it?
Extreme Risk Protection Orders and Very Expensive Virtue Signaling
Above the fold headlines in both Gongwer and MIRS today suggest that RINO Rick is launching an intense effort to secure passage of Representative Robert Wittenberg’s HB 4706 and HB 4707. These bills create a new category of judicial proclamation – ‘Extreme Risk Protection Orders’ – which direct police to confiscate the firearms of anyone who is denounced to a Michigan court “without written or oral notice” to the victim. These ERPO bills have been rebranded as ‘red flag laws’ after the Parkland, Florida high school shooting. Both of Wittenberg’s bills received their first reading (of three) last year and were languishing in the House Judiciary Committee. No longer.
Here are the headlines:
Snyder Preparing Gun Control Proposal
Snyder Considers Waving The Red Flag; Sheriffs Want Cops Back In Schools
Here is the problem: Some clown you hardly know can petition a judge to issue an ERPO which orders the police to seize your firearms, CPL, knives, baseball bats, golf clubs, etc. You only find out that an ERPO has been issued when the police break down your door to effect the seizure. You have no opportunity to contest the initial issuance of an ERPO in front of the judge. It is a bolt out of the blue. The police get to throw your valuable collector firearms into a dump trailer willy-nilly without any responsibility for the condition or safekeeping of your property. You, the restrained individual, then have 14 days to file a counter action. Good luck with that.